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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Deceased Mother's Debt And Phillips & Cohen Associates

Kasei

By Kasei
in Debt Collection Agencies

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Kasei

Kasei

Posted
Posted

At the time of my mothers death last year she owed £380 solely in her name to a catalogue firm, the catalogue account was protected by payment insurance, at the time of my mother's death I contacted the catalogue firm and informed them of the situation, they asked for a copy of the death certificate which i duly sent to them, they then refused to cover the repayments due to the cause of death, stating that they may change the decision based on the report of the family doctor, we contacted our GP who got in contact with them, and we heard nothing further regarding the matter until a letter arrived this morning addressed to the estate of my late mother from a debt collection firm, a full 14 months after her death.

 

The letter stated that the £380 was still outstanding and that they required information on whether an estate exists, I called the number and explained to them that my mother didn't leave an estate, the only thing she left was a funeral plan which at the time wasn't even sufficient cover the funeral costs, however this didn't deter the person on the phone who seemed hell bent on getting me to settle the debt in full, or agree to a payment plan, after much arguing I did finally get the person to admitt that the debt was solely in my mother's name and as such her spouse and children are not responsible for it, eventually they gave in trying to get me to pay for and said that they would have to conduct an investigation into whether I was telling the truth or not, and they would be in touch when they had the outcome of this investigation, they closed the call with asking me to think about the payment plan which I replied I didn't need to think about it as I wasn't willing to repay the debt, as it's not mine.

 

Just wondered where I stand with this am I in the right here, since there's no estate does this debt die with my mother?

 

What is likely to happen next?

Can they take me to court and attempt to force me to pay?

If they continue to send me letters regarding this and bombard me with phone calls, is there any action I can take to make the harassment stop?

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alfwithhair

alfwithhair

Posted
Posted

How can they take you to court for your late mothers debt?

If the debt was in your mothers name and she left no estate, then the debt died with her.

 

So do not worry yourself about there pressurising calls or letters. There is nothing they can do.

 

I am sure one of the expert will be on later and will post a nice letter for you to send them. I would suggest that you DO NOT TALK to these people over the phone, pay them nothing and do not agree any repayment terms.

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dannyboy660

dannyboy660

Posted
Posted

They're trying it on.

 

They can investigate all they like, the fact is it is not your debt and you are not liable. Did you sign the agreement or contract?? I very much doubt it. Stick to your guns.

 

This is a new low for any DCA :rolleyes:

 

http://www.csa-uk.com/csa/upload/Conference%20Programme%202007.pdf

 

Take a look at 14:00 in the conference agenda.

 

 

 

This is something we're likely to see more of in the coming months I'm sorry to say.

 

CAG..... Be Prepared

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Kasei

Kasei

Posted
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I suspected as much, thought they were at it, told my father as much when he started to panic, as you can probably appreciate he's not exactly been in the best frame of mind the last year or so, I just though this DCA were trying to manipulate his emotional state to get payment, if he'd called them he'd have signed up for the re-payment plan. Glad I told him I'd sort it out.

 

He's never signed anything relating to the catalogue, the agreement was with my mum, and she left nothing.

 

Is it best for me to just ignore this and let them make the next move?

 

Is there any kind of letter I can send them to tell them to do one?

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rory32

rory32

Posted
Posted

You need to ask for a copy of their complaints procedure and report them to Trading Standards. This type of debt is covered by The Consumer Credit Act and is covered by s86 of the Act.

 

If they wanted any money they should have applied to the estate. As there is no estate there is no money to be paid.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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ScarletPimpernel

ScarletPimpernel

Posted
Posted

 

This is a new low for any DCA :rolleyes:

 

 

Low, yes. New - not at all.

 

An uncle of mine died suddenly a couple of years ago. His widow had many phone calls from Barclaycard, including on the day of the funeral, from Barclaycard, demanding that she send them a cheque in order to avoid charges and interest building up on the account before the estate was sorted out - the card was in his sole name. British Gas responded to the news of the death by issuing a wholly spurious bill for almost £1k 'so we can close the account in his name quickly and open a new one'.

 

I recently saw, at a car dealership, a leaflet flogging PPI which stated quite clearly that 'if you die suddenly, your relatives will be left to pay your outstanding car finance'. Utter rubbish, and it reminds me that I must pick up a copy and report it.

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ScarletPimpernel

ScarletPimpernel

Posted
Posted

http://www.csa-uk.com/csa/upload/Conference%20Programme%202007.pdf

 

I note that the Golf Tournament has a 'shotgun start'. Where do I apply as a gun, and do I have to provide my own ammunition?

 

Are there opportunities for CAGgers to act as beaters (preferably using the golf clubs)?

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alfwithhair

alfwithhair

Posted
Posted
Now you are being silly.......Mercers and RMA in heaven?? You've got more chance of being Pi***d on by the Pope. ;)

 

Too right Dannyboy.

They should be down the fire ridden hell hole were they belong.

They will get there just rewards one day for the misery they cause people.

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rory32

rory32

Posted
Posted

a letter arrived this morning addressed to the estate of my late mother from a debt collection firm, a full 14 months after her death.

 

Even if there had been an estate they are now out of time.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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SickofAbbey

SickofAbbey

Posted
Posted

Hi

 

I do Probate for a living and I have run this passed my colleagues for reassurance.

 

They cannot make you pay the debt. If the debt was in your Mother's sole name and there are no assets of the estate to clear the debt then it is an insolvent estate. You cannot pass debts on death. If they contact you again tell them that it is unfortunate bought you have sought advice and the debt dies with your Mother.

 

Hope this helps.

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alfwithhair

alfwithhair

Posted
Posted

This lot is it? Domant company since 2005. Would not pay them a penny or even speak to them.

 

PHILLIPS & COHEN ASSOCIATES (UK) LIMITED

DAVENPORT LYONS

30 OLD BURLINGTON STREET

LONDON

W1S 3NL

Company No. 05284353

 

Accounting Reference Date: 30/11

Last Accounts Made Up To: 30/11/2005 (DORMANT)

Next Accounts Due: 30/09/2007

Last Return Made Up To: 11/11/2006

Next Return Due: 09/12/2007

Previous Names:Date of changePrevious Name23/06/2006ETHAN REESE LIMITED

 

 

 

 

 

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Kasei

Kasei

Posted
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Posted
This lot is it? Domant company since 2005. Would not pay them a penny or even speak to them.

 

PHILLIPS & COHEN ASSOCIATES (UK) LIMITED

DAVENPORT LYONS

30 OLD BURLINGTON STREET

LONDON

W1S 3NL

Company No. 05284353

 

Accounting Reference Date: 30/11

Last Accounts Made Up To: 30/11/2005 (DORMANT)

Next Accounts Due: 30/09/2007

Last Return Made Up To: 11/11/2006

Next Return Due: 09/12/2007

Previous Names:Date of changePrevious Name23/06/2006ETHAN REESE LIMITED

 

Yep that's them except the address on the letter is for an office in Manchester, but the same company registration number.

 

Spoke to citizens advice they said that the catalogue company shouldn't have even passed this on for debt recovery they should have drawn a line under it when they received the death certificate.

 

So someone somewhere is being just ever so slightly naughty.

 

I suspect the catalogue firm knowing fine well this will never be paid have sold the debt on this lot, citizens advice say this lot buy a lot of debts from firms like catalogue companies.

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rory32

rory32

Posted
Posted

I would ask that you please report them, otherwise they will continue to operate in exactly the same manner. They are relying on the fact that many elderly people do not question such things and just pay whether they can afford to or not.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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NitrousOxide

NitrousOxide

Posted
Posted

I feel for you on this as it happened to us.

Capital One did near enough the same when my mum died. Except they wanted to send someone around to talk to her.:rolleyes: My dad got really angry and said they could talk to her ashes if they like but it would be a one way conversation.

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patrickq1

patrickq1

Posted
Posted

just sickens you its beyond beleif but this is the scope of things in the UK dont know what has gone wrong with this country but it definitely needs to change,their is a thread in the beginning of the forum for the BBC who want to chat with people about their debts and problems they face I would phone or e mail them and create a stink,would love to see their faces..how can some people live with themselves they should be locked up and the key thrown away

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ODC

ODC

Posted
Posted

Unfortunately these morons who telephone work off a script.

 

If Mrs X cannot answer phone then demand to know when Mrs X will be available. Mrs X is dead. When would be a good time to speak to her.

 

My answer to this would be she is being cremated next Tuesday at 12 noon perhaps you would care to join her and you could discussthe matter then.

 

I am being frivoulous I know but its a damned disgrace that a firm of so called solicitors should behave in this manner over such a trivial amount of money when you are grieving. Report them to the OSS in Leamington Spa

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